Committee  of  Seventy 


Report  of 

5ub=Com  m  i  ttee 
Public  £chool  System. 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


New  York,  December  15,  1894, 

A.  C.  Bernheim,  Esq., 
Chairman. 

Sir: 

The  undersigned,  being  the  sub-committee  ap- 
pointed on  the  authority  of  the  Committee  of 
Seventy,  to  consider  and  report  upon  the  needs  of 
the  public  school  system  of  the  city,  have  the  honor 
to  transmit  their  report  herewith. 

Respectfully, 

Stephen  H.  Olin, 

Henry  L.  Sprague, 

John  B.  Pine, 

AVm.  W.  Locke, 

Nicholas  Murray  Butler, 

Committee, 


In 


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CM 


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http://archive.org/details/reportofsubcommiOOcomm 


COMMITTEE  OF  SEVENTY. 


Report  of  the  Special  Committee  on  the  Public 
School  System. 


New  York,  December  15,  1894. 

To  the  Committee  of  Seventy: 

The  address  to  the  people  of  the  City  of  New 
York  issued  by  the  Committee  of  Seventy  in  Sep- 
tember last,  contained  the  following  paragraph: 

"We  demand  that  the  quality  of  the  public 
schools  be  improved,  their  capacity  enlarged  and 
proper  playgrounds  provided,  so  that  every 
child  within  the  ages  required  by  law  shall  have 
admission  to  the  schools,  the  health  of  the  children 
be  protected,  and  that  all  such  modern  improve- 
ments be  introduced  as  wall  make  our  public 
schools  the  equal  of  those  in  any  other  city  in  the 
world." 

The  undersigned,  being  a  special  committee  ap- 
pointed by  the  authority  of  the  Committee  of  Sev- 
enty to  consider  and  report  upon  the  best  method 
of  attaining  the  ends  indicated  in  the  paragraph 
just  cited,  respectfully  submit  the  following  report. 

The  wise  and  progressive  administration  of  a 
municipal  school  system  requires  clearly  defined 


4 


powers  and  responsibilities  on  the  part  of  those 
charged  with  its  oversight  and  conduct.  Demands 
for  reform  and  improvement  may  then  be  addressed 
to  such  authorities  with  the  certainty  that,  if  not 
responded  to,  the  responsibility  for  action  or  in 
action  may  be  definitely  fixed.  That  such  clearly 
defined  powers  and  responsibilities  do  not  exist  at 
present  in  the  public  school  system  of  the  city  of 
JNew  York  is  a  well  known  fact,  and  this  of  itself 
renders  extremely  difficult  or  even  impossible  the 
reforms  contemplated  by  the  Committee  of  Seventy. 
The  first  step,  then,  must  be  to  secure  such  legisla- 
tion as  will  simplify  the  existing  system  of  admin- 
istration. 

The  statutes  governing  the  schools  of  New 
York  City  have  not  been  revised  for  nearly  fifty 
years.  From  time  to  time  changes  have  been 
made  until  the  law  has  become  a  fortuitous  assem- 
blage of  incoherent  provisions.  It  is  bad  in  theory 
and  has  been  proved  to  work  badly  in  its  practical 
operation.  Power  is  distributed  among  different 
boards  and  officials,  as  each  in  turn  has  found  favor 
in  the  sight  of  the  Legislature.  There  is  much 
friction;  there  is  no  well  defined  responsibility. 
The  schools  have  not  been  and  cannot  be  well 
administered  under  so  defective  a  law.  So  clear 
has  this  fact  become  that  in  1803  an  act  was  passed 
providing  that  the  Mayor  should  appoint  a  com- 
mission to  prepare  and  report  to  the  Legislature 
a  comprehensive  revision  of  the  laws  affecting  com- 
mon schools  and  public  education  in  the  City  of 
New  Voik.  including  such  alterations  in  existing 
laws  and  such  new  enactments  as  they  might  deem 
necessary  and  to  the  advantage  of  the  said  schools. 
Mayor  GKlroy  appointed  as  such  commission 
Messrs.  E.  Ellery  Anderson,  David  McClure,  Oscar 
s.  Straus,  Stephen  II.  Oliu  and  Thomas  Hunter, 


5 


and  they,  on  March  10th,  1894,  made  their  report 
accompanied  by  a  bill.  This  report  was  widely 
discussed  at  the  time  both  in  the  community  and 
by  the  press,  and  met  with  general  commendation. 

The  bill  of  the  Commission  was  examined  by  the 
Board  of  Education,  and  several  amendments  were 
suggested  by  that  body.  After  conference  between 
the  Commission  and  a  committee  of  the  Board, 
some  of  these  amendments  were  incorporated  in 
the  bill.  An  amended  bill  was  prepared  which 
was  then  unanimously  approved  by  the  Board  of 
Education.  This  bill  was  presented  to  the  Legisla- 
ture of  1894,  but  so  late  in  the  session  that  it 
received  no  consideration. 

In  view  of  the  care  with  which  this  bill  was 
prepared,  and  the  wide-spread  approval  that  it  had 
gained,  we  have  given  it  most  careful  examination. 
On  the  whole,  and  with  a  single  exception  to  be 
mentioned  below,  we  find  it  to  be  a  measure  of 
great  merit,  and  its  enactment  into  law  would  be  a 
long  step  forward  in  the  improvement  of  the  Public 
Schools.  This  bill  proceeds  upon  correct  and  well 
established  principles.  It  accords  with  the  best 
modern  views  of  municipal  school  organization,  and 
it  introduces  methods  of  administration  that  have 
proved  successful  elsewhere.  Every  change  that  it 
makes  in  the  existing  law  is  an  improvement.  If 
it  does  not  in  all  respects  reach  the  highest  possible 
standard,  it  makes,  in  our  opinion,  as  near  an 
approach  to  it  as  we  can  at  this  time  reasonably 
hope  to  obtain. 

The  fundamental  principles  upon  which  this  bill 
proceeds  are: 

1.  The  maintenance  of  a  Board  of  Education  of 
moderate  size,  appointed  by  the  Mayor  without  re- 
gard to  political  considerations  or  local  political 


6 


divisions.  This  Board,  directly  representative  of 
the  people  of  the  City  of  New  York,  is  the  ultimate 
source  of  all  authority  in  the  school  administration. 
The  powers  of  the  present  Board  of  Education  are 
increased,  but  its  labor  is  diminished  by  the  pro- 
visions freeing  it  from  the  petty  details  of  admin- 
istration, and  its  functions  are  chiefly  those  of 
supervision  and  business  administration. 

2.  The  creation, in  the  Board  of  Superintendents, 
of  a  permanent,  dignified  and  responsible  body  of 
trained  experts,  to  whom  is  committed  the  educa- 
tional administration  of  the  schools.  In  this  Board 
is  the  chief  merit  and  hope  of  the  proposed  system. 
The  Board  of  Education  will  have  no  more  respon- 
sible duty  to  perform  than  the  selection  of  educa- 
ted, trained  and  experienced  men  and  women  as 
superintendents. 

3.  The  provision  that  principals  and  teachers 
shall  be  nominated  by  the  Board  or  Superinten- 
dents from  an  eligible  list,  admission  to  which 
will  involve  an  adequate  examination  both  in 
scholarship  and  in  professional  knowledge,  and 
shall  be  appointed  only  on  such  nomination  by  the 
Board  of  Education.  Under  this  system  it  will  be 
difficult  for  any  but  educational  considerations  to 
influence  the  selection  of  teachers. 

4.  The  complete  separation  of  the  business  from 
the  educational  administration,  and  the  assignment 
of  each  to  a  single  responsible  authority.  The 
Superintendent  of  Buildings  and  Supplies  will 
have  charge  of  the  school  buildings  and  the  pur- 
chase of  supplies,  thus  relieving  the  Board  of  Edu- 
ction on  the  one  hand,  and  the  Trustees  on  the 
other,  of  duties  strictly  executive. 

5.  The  abolition  of  the  present  Inspectors  of 
Schoolsand  of  t  ho  present  powers  of  the  Ward  Trus- 


7 


tees,  both  having  been  a  demonstrated  interference 
with  progressive  and  efficient  administration,  and 
both  being  relics  of  a  system  long  since  outgrown. 
The  present  powers  of  the  Ward  Trustees  are  a  sur- 
vival from  the  time  when  no  central  authority  had 
been  created;  and  they  exist,  not  because  they  are 
reasonable  or  of  advantage  to  the  Schools,  but  be- 
cause the  dispensers  of  patronage  have  been  loth  to 
give  it  up  and  have  successfully  resisted  all  attempts 
to  take  it  from  them.  The  bill  recommended  here- 
with contains  the  provision  as  to  Trustees  origin- 
ally framed  by  Mayor  Gilroy's  Commission,  and 
not  that  put  into  the  amended  bill  as  the  result  of 
conference  with  the  Board  of  Education.  This  is 
the  one  material  feature  in  which  the  bill  recom- 
mended herewith  differs  from  that  approved  by  the 
Board  of  Education  in  April  last.  It  is  proper  to 
add  that  the  change  made  in  the  Commission's 
bill  at  the  request  of  the  Board  of  Education  prob- 
ably had  no  motive  except  the  desire  to  prevent 
opposition  on  the  part  of  the  Trustees  to  the  other 
features  of  the  bill. 

It  is  our  proposal  that  the  Trustees  be  retained 
with  powers  of  visitation  and  inspection.  We 
provide  for  their  appointment  in  districts,  each 
of  which  is  to  contain  three  Schools,  and,  once 
relieved  from  the  unnecessary  and  inappropriate 
duties  that  now  devolve  upon  them,  these  Boards  of 
Trustees  may  reasonably  be  expected  to  attract  to 
their  membership  intelligent  men  and  women  whose 
frequent  presence  in  the  Schools  and  constant 
association  with  the  teachers  and  pupils  would  be 
of  great  public  benefit. 

Should  the  proposed  bill  become  a  law  the  teachers 
will  retain  their  fixed  tenure  and  all  of  the  benefits 
now  provided  by  law,  and  they  will  gain  in  dignity 


8 


and  independence  by  freedom  from  the  harassing 
control  of  local  trustees  and  by  reason  of  the 
increased  authority  given  to  the  trained  educators 
who  will  direct  and  supervise  the  work  of  instruc- 
tion. 

The  public  school  teachers  retirement  fund  Act 
(Chapter  296,  Laws  of  1894)  is  put  into  the  pro- 
posed bill  (Section  33)  without  change,  in  order 
that  the  codification  of  existing  law  may  be 
complete. 

Under  the  proposed  system  prompt  and  hopef  nl 
appeal  may  be  made  by  those  interested,  to  the 
aurhorities  created  by  the  bill,  for  the  extension  of 
Kindergarten  and  manual  training  instruction,  for 
increased  directness  and  efficiency  of  supervision, 
for  the  provision  of  adequate  and  proper  school 
accommodations,  for  the  provision  of  play-grounds, 
for  vacation  schools,  and  for  the  improvement  of 
the  sanitary  conditions  of  the  school  buildings. 

Our  attention  has  also  been  called  to  the  need  of 
a  periodical  census  of  the  children  of  school  age. 
This  is  an  important  question  and  one  that  invol- 
ves State  as  well  as  City  interests.  We  will  take 
it  into  careful  consideration  and  ask  leave  to  submit 
a  special  report  upon  it  at  a  later  date. 

We  urge  that  the  bill  reported  herewith  be 
presented  to  the  Legislature  and  recommended  for 
adoption.  It  may  fairly  be  deemed  an  expression 
of  the  deliberate  will  of  the  entire  community. 

It  was  originally  dra  wn  by  a  Commission  created 
by  the  Legislature  and  appointed  by  the  Mayor. 
It  was  unanimously  approved,  except  as  to  the 
one  point  above  noted,  by  the  Board  of  Education. 
Il  has  been  widely  discussed  and  has,  so  far  as 
we  arc  aware,  met  with  no  opposition  except  from 
those  who  have  a  personal  interest  in  the  con- 


9 


tinuance  of  existing  abuses.  It  is  reasonable  to 
expect  that  with  such  a  body  of  opinion  in  its 
favor  the  bill  may  become  law  and  go  into 
operation  with  the  good  wishes  and  co-operation  of 
every  friend  of  public  education. 

Respectfully  submitted. 

Stephen  H.  Olin, 

Henry  L.  Sprague, 

John  B.  Pine, 

Wm.  W.  Locke, 

Nicholas  Murray  Butler, 
Committee. 

John  C.  Clark, 

Secretary. 


AN  ACT 


In  Relation  to  the  Common  Schools  and 
Public  Education  in  the  City  of  New 
York. 


The  people  of  the  State  of  JVezo  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  \.  There  shall  be  in  the  City  of  New 
York  a  Board  of  Education,  which  shall,  under  that 
designation,  have  full  control  of  the  public  schools 
and  public  school  system  of  the  City,  subject  only 
to  the  general  statutes  of  the  State  upon  education 
and  to  the  provisions  in  this  Act  contained.  There 
shall  be  a  Board  of  School  Superintendents,  a  Su- 
perintendent of  School  Buildings  and  Supplies, 
and  Trustees  of  School  Districts,  as  hereinafter  in 
this  Act  provided. 

Section  2.  The  Board  of  Education  shall  con- 
sist of  twenty-one  Commissioners  of  Common 
Schools,  appointed  by  the  Mayor.  The  term  of 
office  of  the  present  Commissioners  of  Common 
schools  shall  continue  during  the  times  for  which 
they  have  been  respectively  appointed.  On  the 
third  Wednesday  of  November  in  every  year,  the 
Mayor  shall  appoint  seven  Commissioners  of  Com- 
mon Schools,  who  shall  take  office  on  the  first  day 
of  January  next  succeeding  and  hold  office  for  the 
term  of  three  years  and  until  their  successors  are 


V2 


appointed.  Any  vacancy  in  the  said  office  of  Com- 
missioners of  Common  Schools,  by  death,  resigna- 
tion, or  otherwise,  shall  be  lilled  by  appointment 
by  the  Mayor  for  the  remainder  of  the  unexpired 
term.  Said  Commissioners  shall  hold  no  office  of 
emolument  under  either  the  City,  State  or  Naiional 
Governments,  except  offices  of  Notary  Public,  Com- 
missioner of  Deeds  and  in  the  National  Guard. 

Section  3.  The  members  of  the  Board  of  Educa- 
tion shall  meet  on  the  second  Wednesday  in  Jan- 
uary in  each  year,  for  the  purpose  of  organization, 
and  thereafter  for  the  transaction  of  business  as 
often  as  they  may  determine.  They  shall  elect  one 
of  their  number  President,  and  shall  appoint  a 
Clerk,  and  as  many  Assistant  Clerks  and  other 
officers  for  the  transaction  of  the  business  of  the 
Board  as  may  be  necessary,  who  shall  severally 
hold  their  offices  during  the  pleasure  of  the  Board, 
and  whose  respective  duties,  powers  and  compen- 
sation shall  be  regulated  and  determined  by  the 
Board. 

Section  4.  At  the  first  regular  meeting  in  the 
month  of  June,  1895,  and  at  the  first  regular  meet- 
ing in  the  month  of  June  in  each  fifth  year 
thereafter,  the  Board  of  Education  shall  appoint  & 
City  Superintendent  of  Schools,  to  hold  office  for 
the  term  of  five  years,  and  until  his  successor  is 
appointed.  At  the  same  said  meeting  in  June, 
1895,  the  Board  of  Education  shall  appoint 
twenty  Division  Superintendents  of  Schools,  of 
whom  four  shall  be  appointed  to  hold  office  for 
the  term  of  one  year,  four  shall  be  appointed  to 
hold  office  for  the  term  of  two  years,  four  shall 
be  appointed  to  hold  office  for  the  term  of  three 
years,  four  shall  be  appointed  to  hold  office  for 
the  term  of  four  years,  and  four  shall  be  ap- 
pointed to  hold  office  for  the  term  of  five  years. 


IB 


At  the  first  regular  meeting  in  the  month  of 
June  of  each  year,  beginning  with  the  year 
1896,  the  Board  of  Education  shall  appoint  four 
Division  Superintendents  of  Schools,  each  of  whom 
shall  be  appointed  to  hold  office  for  the  term  of  live 
years.  No  person  shall  be  eligible  for  the  position 
of  City  Superintendent  or  Division  Superintendent 
of  Schools  unless  such  person  shall  have  been  a 
professor  in  one  of  the  colleges  or  higher  educa- 
tional institutions  of  this  country  for  a  period  of 
three  years,  or  shall  have  had  charge  of  a  graded 
school  for  a  like  period,  or  shall  have  been  a  first 
assistant  in  such  graded  school  for  live  years.  But 
nothing  in  this  Act  shall  prevent  the  reappoint- 
ment of  the  Superintendent  or  Assistant  Superin 
tendents  now  in  office.  Said  City  Superintendent 
and  Division  Superintendents  shall  each  be  sub- 
ject to  removal  by  a  majority  of  all  the  members 
of  the  Board  of  Education,  on  complaint,  for  cause 
•stated,  and  shall  receive  such  compensation  as 
the  Board  of  Education  may  determine,  which 
shall  not  be  decreased  during  the  term  of  office  of 
any  incumbent.  Any  vacancy  in  the  said  offices 
of  City  Superintendent  or  Division  Superinten- 
dents, by  death,  resignation  or  otherwise,  shall  be 
tilled  by  appointment  by  the  Board  of  Education 
for  the  remainder  of  the  unexpired  term. 

Section  5.  At  the  h'rst  regular  meeting  in  the 
month  of  June,  1895,  said  Board  of  Education 
shall  divide  the  City  of  New  York  into  twenty 
School  Divisions,  which  shall  be  continuous  and 
contiguous,  each  one  of  which  shall  contain  sub- 
stantially one-twentieth  part  of  the  population  of 
the  whole  City.  Each  of  said  School  Divisions 
shall  thereupon  be  subdivided  by  said  Board  into 
districts,  each  of  which  shall  contain  not  more 
than  three  school  buildings.    Said  Board  shall  have 


14 


power  from  time  to  time  as  may  be  necessary  to  al- 
ter and  rearrange  said  divisions  and  districts. 

Section  6.  At  a  regular  meeting  in  the  month  of 
September,  1895,  the  Board  of  Education  shall  ap- 
point three  Trustees  for  each  district,  of  whom  one 
shall  be  appointed  to  hold  office  until  the  first  day 
of  January,  1897,  one  shall  be  appointed  to  hold  of- 
fice until  the  first  day  of  January,  1898,  and  one 
shall  be  appointed  to  hold  office  until  the  first  day 
of  January,  1899.    On  the  first    Wednesday  in 
December,  of  each  year  after  1895  the  Board  of 
Education  shall  appoint  one  Trustee  for  each  dis- 
trict to  hold  office  for  the  term  of  three  years  from 
the  first  day  of  January  then  next.    Said  Trustees 
shall  be  residents  of  the  division  in  which  they  are 
severally  appointed,  or  have  their  place  of  business 
therein, and  reside  in  the  City  of  New  York.  Every 
Trustee  removing  from  the  division  in  which  he 
was  appointed  shall  thereby  vacate  his  office.  Any 
vacancy  in  the  said  office  of  Trustee  of  Common 
Schools,  by  death,  resignation  or  otherwise,  shall 
be  rilled  by  the  Board  of  Education  for  the  unex- 
pired term.    The  term   of  office  of  the  present 
Trustees  shall  end  and  their  official  functions  cease 
and  the  present  Boards  of  Trustees  be  abolished  on 
the  first  day  of  July,  1895. 

Section  7.  The  term  of  office  of  the  present  In- 
spectors of  Common  Schools  shall  end  and  their 
official  functions  cease,  and  said  office  be  abolished 
oil  t  he  first  day  of  July,  1895. 

SECTION  8.  The  Board  of  Education  shall  have 
power  and  it  shall  be  the  duty  of  said  Board: 

I.  To  take  and  hold  property,  both  real  and  per- 
sonal, devised  or  transferred  to  it  for  the  purpose  of 
Public  Education  in  the  City  of  New  York. 


15 


2.  To  appoint  principals  and  teachers  for  the 
schools  under  its  control, -upon  the  written  nomina- 
tion of  a  majority  of  the  Board  of  School  Superin- 
tendents, stating  that  the  nomination  was  agreed  to 
at  a  meeting  of  that  Eoard,  at  which  a  majority  of 
the  whole  number  in  office  were  present. 

In  case  the  person  nominated  for  the  position  of 
principal  is  not  appointed  by  the  Board  of  Educa- 
tion at  either  the  first  or  second  regular  meeting  of 
the  Board  after  such  nomination  shall  have  been 
made  and  notice  thereof  given  to  the  Board,  the 
said  Board  of  Education  shall,  immediately  after 
such  second  meeting,  or  it  may  at  any  time  prior 
thereto,  in  its  discretion ,  return  such  nomination 
to  the  Board  of  School  Superintendents,  who  shall 
forthwith  make  a  new  nomination  and  give  notice 
thereof  to  the  Board  of  Education,  whose  duty  it 
shall  be  to  approve  or  reject  the  same  without  de- 
lay. Such  return  and  renomination  shall  be  con- 
tinued until  the  Board  of  Education  shall  appoint 
a  principal  so  nominated. 

In  case  a  person  nominated  for  the  position  of 
teacher  is  not  appointed  by  the  Board  of  Education 
within  fourteen  days  after  notice  of  such  nomina- 
tion shall  have  been  given,  the  said  Board  shall, im- 
mediately after  the  expiration  of  that  time,  or 
sooner,  return  the  same  to  the  Board  of  School 
Superintendents,  who  shall  forthwith  make  a  new 
nomination,  and  it  shall  be  the  duty  of  the  Board 
of  Education  to  appoint  or  reject  such  new  nomi- 
nation without  delay.  Such  return  and  re-nomina- 
tion shall  be  continued  until  the  Board  of  Educa- 
tion appoints  a  teacher  so  nominated. 

3.  Any  principal  or  teacher  may  be  removed  by 
a  majority  vote  of  all  the  members  of  the  Board  of 
Education,  on  complaint,  for  cause  stated.  The 
Board  of  Education  shall  have  power,  upon  the 


16 


recommendation  of  the  City  Superintendent,  to 
transfer  principals  and  teachers  from  any  school 
to  any  other  school  in  the  city,  and  also  the  power 
to  promote  teachers,  subject  to  the  rules  and  regu- 
lations applicable  to  such  transfers  and  promotions. 
The  Board  of  Education  shall  prescribe  rules  and 
regulations  applicable  to  the  promotion  of  teach- 
ers. Such  rules  shall  provide  that  as  nearly  as 
may  be  promotions  shall  be  based  upon  merit  and 
length  of  service,  and  shall  also  provide — that  ex- 
cept in  cases  in  which,  in  the  judgment  of  the  Board, 
different  action  shall  be  required  in  order  to  obtain 
effective  service,  no  efficient  teacher  shall  be  super- 
seded by  one  of  inferior  rank.  The  Board  of  Edu- 
cation shall  provide  by  rules  and  regulations  for 
transfers  of  principals  and  teachers,  but  such 
transfers  shall  not  be  made  in  cases  where  the 
transfer  shall  effect  a  reduction  in  the  compensa- 
tion of  the  person  so  transferred  without  his  con- 
sent. All  promotions  and  transfers  made  by  the 
Board  shall  forthwith  be  reported  to  the  Board  of 
Superintendents. 

4.  The  Board  of  Education  shall  have  full  con- 
trol of  all  moneys  applicable  to  the  purposes  of  the 
schools  which  are  subject  to  the  provisions  of  this 
act:  shall  determine  the  amounts  to  be  expended 
for  the  salaries  of  principals  and  teachers,  and 
from  time  to  time  shall  also  determine  the  amount 
to  be  allowed  for  the  purpose  of  defraying  all  ex- 
penses incurred  by  the  Superintendent  of  School 
Buildings  and  Supplies  for  the  salaries  of  his  De- 
partment, the  repairs  of  buildings,  for  supplies, 
books,  stationery  and  furniture  required  for  the 
various  buildings  in  his  charge,  and  for  other  ne- 
cessary requirements  of  his  office;  and  for  the  said 
purposes  the  Board  shall  have  power  to  draw  from 
the  moneys  which  shall  be  raised  for  the  purposes 


17 


of  public  education  such  sums  as  may  be  required 
Mierefor  and  for  the  purpose  of  defraying  the  ne- 
cessary incideutal  expenses  of  the  Board,  and  such 
further  sums  as  may  be  required  for  the  payment 
of  the  salaries  of  such  clerks  and  other  officers  as 
may  be  appointed  by  virtue  of  the  authority  vested 
in  the  Board,  and  of  such  other  expenses  as  may 
be  necessarily  incurred  by  the  Board  in  pursuance 
of  the  provisions  of  this  act.  The  Board  of  Edu- 
cation shall  apportion  all  the  school  moneys  which 
shall  have  been  raised  for  the  purposes  of  meeting 
the  current  annual  expenses  of  public  instruction 
to  the  schools  entitled  to  participate  therein,  and 
shall  file  with  the  Chamberlain  of  said  city,  on  or 
before  the  first  Monday  of  each  year,  a  copy  of  their 
apportionment,  stating  the  amount  apportioned  to 
the  said  schools.  But  all  the  powers  given  to 
the  said  Board  of  Education  by  this  fourth  subdi- 
vision of  section  8  shall  be  subject  to  the  powers  of 
the  Board  of  Estimate  and  Apportionment  under 
existing  laws  and  as  defined  in  section  189,  title  5, 
of  chapter  VI,  being  part  of  chapter  410  of  the 
Laws  of  1882. 

5.  To  visit  and  examine  the  schools  subject  to 
the  provisions  of  this  act. 

6.  To  make  rules  of  order  and  by-laws  for  the 
government  of  the  Board,  its  members  and  com- 
mittees, and  general  regulations  to  secure  proper 
economy  and  accountability  in  the  expenditure  of 
the  school  moneys.  The  said  regulations  shall 
prescribe  the  period  of  all  advertising  for  contracts 
to  be  entered  into  by  the  Board  of  Education  or  by 
the  Superintendent  of  School  Buildings  and  Sup- 
plies, the  rules  which  are  to  determine  the  accept- 
ance or  rejection  of  all  bids  made  for  the  work, 
labor  or  materials  advertised  for,  and  shall  also 


18 


prescribe  the  security  to  be  required  to  insure  the 
performance  of  such  contract. 

7.  To  use  and  control  the  premises  known  as  the 
Hall  of  the  Board  of  Education,  at  the  corner  of 
Grand  and  Elm  Streets,  and  any  other  building  to 
be  occupied  for  the  like  purpose;  to  make  all  the 
repairs,  alterations  and  additions  in  and  to  the 
same  which  the  Board  may  dee;n  advisable,  and  to 
provide  such  additional  sites  and  buildings  as  may 
be  necessary,  the  title  to  which  property  shall  in 
all  cases  be  vested  in  the  Mayor,  Aldermen  and 
Commonalty  of  the  City  of  New  York. 

8.  To  dispose  of  such  personal  property  used  in 
the  schools  or  other  buildings  under  the  charge  of 
the  Board  as  the  Division  Superintendent  of 
Schools  in  charge  of  the  division  in  which  said 
property  is  located,  shall  certify  is  no  longer  re- 
quired for  use  therein,  with  the  approval  of  the 
City  Superintendent  of  schools,  and  all  moneys 
realized  by  the  sale  of  any  such  property  snail  be 
paid  into  the  City  Treasury,  and  shall  be  at  once 
appropriated  by  the  Board  of  Estimate  and  Ap- 
portionment of  said  City  to  the  said  Board  of  Edu- 
cation, for  the  purpose  of  purchasing  other  pro- 
perty or  erecting  other  school  buildings  for  new 
schools,  the  establishment  of  which  shall  have 
been  authorized  by  law. 

9.  To  remove  from  office  any  school  officer 
who  shall  have  been  directly  or  indirectly  inter- 
ested in  the  furnishing  of  any  supplies  or  materials, 
<))•  in  the  doing  of  any  work  or  labor,  or  in  the  sale 
or  leasing  of  any  real  estate,  or  in  any  proposal, 
agreement  or  contract  for  any  of  these  purposes,  in 
any  case  in  which  the  price  or  consideration  is  to  be 
paid  in  w  hole  or  in  part,  or  directly  or  indirectly, 
out  of  any  school  moneys,  or  who  shall  have  re- 


19 


ceived,  from  any  source  whatever,  any  commission 
or  other  compensation  in  connection  with  any  of 
the  matters  aforesaid;  and  any  school  officer  who 
shall  violate  the  preceding  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a 
tine  not  exceeding  one  thousand  dollars  and  im- 
prisonment in  the  city  prison  not  exceeding  one 
year,  and  shall  also  be  ineligible  to  any  school 
office.  The  Board  shall  have  power  to  remove 
from  office  any  school  officer  who  shall  have  been 
guilty  of  immoral  or  disgraceful  conduct  in  any 
matter  connected  with  his  official  duties,  or  which 
tends  to  discredit  his  office  or  the  school  system. 
If  one  or  more  school  officers  or  taxpayers  of  the 
City  of  New  York  shall  present  a  written  charge 
to  the  Board  of  Education,  accusing  any  school 
officer  of  a  violation  of,  or  a  liability  to,  any  of  the 
provisions  of  this  section,  it  shall  be  the  duty  of 
the  said  Board  to  cause  the  same  to  be  fully  in- 
vestigated. All  testimony  taken  upon  any  investi- 
gation, or  in  proceedings  for  removal,  or  upon  the 
hearing  of  any  appeal  by  a  teacher,  shall  be  under 
oath;  and  the  New  York  Supreme  Court  shall 
have  power,  upon  the  application  of  the  Board  of 
Education,  to  compel  any  witness  who  may  be 
summoned  to  appear  and  testify  before  the  said 
Board  or  any  Committee  thereof. 

10.  By  a  vote  of  two-thirds  of  the  Board  of  Edu- 
cation to  establish,  from  time  to  time,  any  Kinder- 
garten, Primary,  Grammar,  High,  Evening  School, 
or  other  school  which  may  to  the  said  Board 
seem  proPer;  and  by  a  like  vote,  to  discontinue 
any  school  now  existing  or  so  established.  So 
soon  as  such  discontinuance  shall  take  effect,  the 
Comptroller  of  the  City  shall  be  notified  thereof 
by  the  said  Board,  and  the  said  school-house  and 


20 


site  may  thereupon  be  used  or  disposed  of  as  a 
part  of  the  general  property  of  the  city,  and  the 
proceeds  thereof  shall  be  at  once  appropriated  by 
the  Board  of  Estimate  and  Apportionment  of  said 
city  to  the  said  Board  of  Education  for  the  pur- 
pose of  purchasing  other  property  or  erecting  other 
school  buildings  for  new  schools,  the  establishment 
of  which  shall  have  been  authorized  according  to 
law. 

11.  And  for  the  purposes  of  this  Act  the  said 
Board  shall  possess  the  powers  and  privileges  of  a 
corporation. 

12.  To  make  and  transmit,  between  the  fifteenth 
day  of  January  and  the  first  day  of  February  in 
each  year,  to  the  State  Superintendent  of  Public 
Instruction  and  to  the  Mayor  of  the  City  of  New 
York,  a  report  in  writing,  bearing  date  on  the 
thirty-first  day  of  December  next  preceding,  stat- 
ing the  whole  number  of  schools  within  their  juris- 
diction, the  schools  or  societies  from  which  reports 
shall  have  been  made  to  the  Board  of  Education 
within  the  time  limited  for  that  purpose;  the  length 
of  time  such  schools  shall  have  been  kept  open; 
the  amount  of  public  money  apportioned  or  appro- 
priated to  said  school  or  society  ;  the  number 
taught  in  each  school;  the  whole  amount  of  money 
drawn  from  the  City  Chamberlain  for  the  purposes 
of  public  education  during  the  year  ending  at  the 
date  of  their  report,  distinguishing  the  amount  re- 
ceived from  the  general  fund  of  the  state,  and  from 
all  other  and  what  sources;  the  manner  in  which  such 
moneys  shall  have  been  expended;  and  such  other 
information  as  the  State  Superintendent  of  Public 
Instruction  may,  from  time  to  time,  require  in  re- 
lation to  common  school  education  in  the  City  and 
County  of  New  York;  and  the  report  which  the 
Board  of  Education,  is  hereby  required  to  make 


21 


shall  be  held  and  taken  to  be  a  full  compliance 
with  every  law  requiring  a  report  from  the  said 
Board,  or  any  officer  of  the  City  and  County  of 
New  York,  except  the  City  Superintendent,  re- 
lative to  the  schools  in  said  City.  If  the  Board  of 
Education  shall  neglect  to  make  such  annual  re- 
port within  the  time  limited,  the  share  of  school 
moneys  apportioned  to  the  City  and  County  of 
New  York,  may,  in  the  discretion  of  the  State  Su- 
perintendent of  Public  Instruction,  be  withheld 
until  a  suitable  report  shall  have  been  rendered. 

13.  By  general  rules  and  regulations  to  provide 
the  proper  classification  of  salaries,  and,  upon  the 
recommendation  of  the  Board  of  Superintendents 
to  regulate  the  courses  of  studies  and  provide  the 
proper  classification  of  scholars,  and  to  provide  for 
special  classes  for  the  purpose  of  giving  instruction 
in  the  English  language  to  foreigners  whose  ages 
or  avocations  are  such  as  to  prevent  their  attend- 
ing the  Grammar,  Primary  or  Evening  Schools. 

14.  To  prescribe  the  length  of  the  terms  of  study, 
the  duration  of  vacations  and  the  number  of  holi- 
days. 

15.  It  shall  be  the  duty  of  the  Commissioners  of 
Common  Schools  to  visit  and  examine  all  the  schools 
entitled  to  participate  in  the  apportionment.  It 
shall  also  be  their  duty  to  attend  all  meetings  of 
the  Board  of  Education.  If  any  Commissioner 
shall  refuse  or  neglect  to  attend  any  three  succes-^ 
sive  meetings  of  the  Board,  after  having  been  per- 
sonally notified  to  attend,  and  if  no  satisfactory 
cause  for  his  non-attendance  is  shown,  the  Board 
may  declare  his  office  vacant. 

Section  9.  Whenever  the  said  Board  of  Educa- 
tion shall  determine,  in  conformity  with  the  pro- 
visions of  this  act,  to  establish  a  school  or  schools 


22 


in  any  of  the  divisions  of  the  said  city,  it  shall  be 
lawful  for  the  Board  of  Education  to  proceed  to  or 
ganize  such  school  or  schools,  and  to  procure  a 
school-house,  by  purchasing  or  hiring  the  same,  or 
by  procuring  a  site  and  erecting  a  building  there 
on,  according  to  plans,  specifications  and  contracts, 
which  shall  have  been  duly  prepared  by  the  Super- 
intendent of  Buildings  and  Supplies,  and  tiled  with 
and  approved  by  the  Board  of  Education,  the  erec- 
tion of  which  said  building,  and  the  fitting  up  there- 
of, and  the  fitting  up  of  any  hired  building,  shall  be 
done  by  contract,  proposals  for  which  shall  be  ad- 
vertised for  two  weeks  jjrevious  to  deciding  upon 
estimates  thereon. 

Section  10.  The  City  Superintendent  of  Schools 
and  the  Division  Superintendents  of  Schools  shall 
together  constitute  the  Board  of  School  Superin- 
tendents. The  City  Superintendent  of  Schools 
shall  be  President  of  said  Board,  and  it  shall  keep 
a  record  of  its  transactions.  It  shall  meet  at  least 
four  times  in  each  month,  and  as  often  as  may  be 
necessary. 

Section  11.  Said  Board  of  School  Superintend- 
ents shall  recommend  to  the  Board  of  Education 
the  courses  of  study,  the  subdivision  of  the  vari- 
ous subjects  of  instruction,  and  the  length  of  the 
sessions,  and  shall  have  the  general  direction  of  all 
the  classes,  scholars,  principals  and  teachers,  sub- 
ject to  the  provisions  in  this  act  contained.  The 
City  Superintendent  of  Schools  shall  be  directly 
responsible  to  the  Board  of  Education  for  the  man- 
agement of  these  matters. 

Section  12.  The  Board  of  School  Superintend- 
ents shall  have  power,  and  it  shall  be  the  duty  of 
t  he  said  Boards 

1.  To  nominate  to  the  Board  of  Education  prill- 


23 


cipals  and  teachers,  as  provided  in  Section  S,  sub- 
division 2,  hereof. 

2.  The  Board  of  Superintendents  shall  keep  a  list 
of  all  the  teachers  in  the  service  of  the  Board  of  Ed- 
ucation, with  the  dates  of  their  appointment,  the 
marks  received  at  the  examinations,  and  their 
standing  as  regards  regularity  and  punctuality  of 
attendance.  Such  lists  shall  be  open  to  the  inspec- 
tion of  teachers,  Trustees  and  members  of  the 
Board  of  Education.  It  shall  be  the  duty  of  the 
Bo&M  of  School  Superintendents  to  recommend  to 
the  Board  of  Education  teachers  for  promotion  or 
for  transfer,  in  conformity  with  the  rules  and  reg- 
ulations applicable  to  promotions  and  transfers. 

Suction"  13.  The  City  Superintendent  of  Schools 
shall  have  power  and  it  shall  be  his  duty  : 

1.  To  assign  a  Division  Superintendent  of  Schools 
to  each  of  the  school  divisions  of  the  city,  and  from 
time  to  time  to  change  such  assignment;  and  each 
Division  Superintendent  so  assigned  shall  be  re- 
sponsible to  the  City  Superintendent  of  Schools  for 
all  matters  in  his  particular  division  over  which  the 
Board  of  Superintendents  has  supervision. 

2.  To  visit  every  school  under  the  charge  of  the 
Board  of  Education;  to  inquire  into  all  matters  re- 
lating to  the  government,  course  of  instruction, 
books,  studies,  discipline  and  conduct  of  such 
schools,  and  the  condition  of  the  school-houses 
and  of  the  schools  generally,  and  to  examine,  as- 
certain and  report  to  the  Board  of  Education 
whether  the  provisions  of  the  act,  in  relation  to 
religious  sectarian  teaching  and  books,  have  been 
violated  in  any  of  the  schools;  and  to  make  a 
monthly  report  to  the  Board  of  Education,  stating 
which  of  the  schools  have  been  visited,  and  adding 
such  comments,  in  respect  to  the  matters  above 


24 


specified,  as  he  may  consider  necessary  and  ad  vis- 
able;   and  to  transmit  to  the  respective  District 
Trustees  copies  of  so  much  of  such  reports  as  re 
lates  to  schools  in  their  district. 

3.  Under  such  rules  and  regulations  as  the  Board 
of  Education  may  establish  to  examine  into  the 
qualifications  of  persons  proposed  as  teachers  in 
any  of  the  schools  under  the  charge  of  the  Board. 
Such  examinations  shall  be  conducted  by  the  City 
Superintendent  of  Schools  or  such  of  the  Division 
Superintendents  as  may  be  designated  by  him. 
Licenses  shall  be  granted  to  those  persons  found  on 
such  examinations  to  be  entitled  thereto,  which 
shall  be  in  the  forms  prescribed  by  the  by-laws  of 
the  Board  of  Education  and  shall  be  signed  by  the 
City  Superintendent  of  Schools.  No  person  shall 
teach  in  any  public  school  in  the  City  who  has  not 
such  license,  nor  shall  any  unlicensed  or  susj~)ended 
teacher  have  any  claim  on  the  City  for  salary.  It 
shall  be  the  duty-  of  said  Board  of  Superintendents, 
subject  to  such  general  regulations  as  may  be  adopt- 
ed by  the  Board  of  Education,  to  prepare  and  keep 
an  eligible  list  of  persons  qualified,  after  due  ser- 
vice in  the  schools,  for  appointment  as  teachers, 
and  no  person  shall  be  appointed  a  teacher  whose 
name  does  not  appear  upon  the  said  list. 

4.  Any  teacher  may  be  suspended  by  the  written 
certificate  of  the  City  Superintendent  of  Schools 
for  any  cause  affecting  the  morality  or  competency 
of  the  teacher,  arid  such  suspension  shall  take  effect 
immediately.  Such  certificate  of  suspension  shall 
be  immediately  filed  in  the  office  of  the  Clerk  of 
the  Board  of  Education,  and  notice  thereof  given 
to  llic  s;iid  teacher.  The  Board  of  Education  shall 
hike  such  action  as  it  may  deem  proper.  If  the 
Board  of  Education  shall  reverse  the  action  of  the 
City  Superintendent  of  Schools,  the  teacher  shall 


25 


be  restored  to  all  his  rights  and  be  entitled  to  re- 
receive  any  salary  which  may  have  been  withheld. 
If  the  Board  of  Education  shall  approve  the  action 
of  the  City  Superintendent  of  Schools,  the  teacher 
may  be  removed  by  a  majority  vote  of  all  the  mem- 
bers of  said  Board,  and  the  City  Superintendent  of 
Schools  may  revoke  his  license. 

Any  teacher  whose  license  has  been  revoked  may 
appeal  to  the  State  Superintendent  of  Public  In- 
struction, within  ten  days  after  service  of  a  copy  of 
a  certificate  of  revocation,  by  the  service  of  a  writ- 
ten notice  of  appeal  upon  the  City  Superintendent; 
and  upon  said  appeal  the  said  State  Superintendent 
shall  have  power  to  affirm  the  action  of  the  City 
Superintendent  or  to  direct  the  restoration  of  the 
license;  but  such  restoration  shall  not  replace  the 
teacher  in  the  position  from  which  he  has  been 
removed. 

The  City  Superintendent,  in  his  annual  report  to 
the  Board  of  Education,  shall  include  a  list  of  the 
licenses  granted  or  revoked  by  him.  It  shall  be  the 
duty  of  the  City  Superintendent  to  re  examine  any 
teacher  upon  the  written  request  of  any  three 
Trustees  of  the  division  in  which  the  teacher  is 
employed,  or  of  any  member  of  the  Board  of  Edu- 
cation. 

5.  Generally,  by  all  the  means  in  his  power, 
under  the  regulations  of  the  Board  of  Education  in 
respect  thereto,  to  promote  sound  education, elevate 
the  character  and  qualifications  of  teachers,  im- 
prove the  means  of  instruction,  and  advance  the 
interests  of  the  schools  committed  to  his  charge. 

Section  14.  At  the  first  regular  meeting  in  the 
month  of  June,  1895,  and  at  the  first  regular  meet- 
ing in  the  month  of  June  in  each  fifth  year 
thereafter,  the  Board  of  Education  shall  appoint  a 


26 


Superintendent  of  School  Buildings  and  Supplies, 
t  >  tiold  office  for  the  term  of  five  years  and  until 
his  successor  is  appointed.  He  shall  be  subject  to 
removal  by  a  majority  of  all  the  members  of  the 
Board  of  Education,  on  complaint,  for  cause  stated, 
and  shall  receive  such  compensation  as  the  Board 
of  Education  may  determine,  which  shall  not  be 
decreased  during  the  term  of  office  of  any  incum- 
bent. Any  vacancy  in  the  said  office  of  Superin- 
dent  of  School  Buildings  and  Supplies  by  death, 
resignation  or  otherwise,  shall  be  filled  by  appoint- 
ment by  the  Board  of  Education  for  the  remainder 
of  the  unexpired  term. 

Section  15.  The  Superintendent  of  School  Build- 
ings and  Supplies  shall  have  the  general  care  and 
custody  of  all  school  buildings,  furniture  and  other 
property  used  for  or  belonging  to  the  various 
public  schools  in  the  City,  and  the  supplying 
of  all  books,  blanks,  stationery  and  supplies  re- 
quired by  the  schools  or  any  of  the  officers  of 
the  Board  of  Education.  He  shall  keep  separate 
accounts  of  the  moneys  received  and  paid 
out  for  or  on  account  of  each  of  the  several 
schools  and  other  buildings,  and  of  all  mov- 
able property  belonging  to  each  school.  Subject 
to  the  approval  of  the  Board  of  Education  as  to 
number  and  salaries,  he  shall  appoint  as  many 
clerks,  engineers,  janitors  and  other  employees,  as 
may  be  necessary  in  his  department,  and  he  shall 
have  full  power  to  remove  the  same.  Under  the 
direction  of  the  Board  of  Education  he  shall  pre- 
pare contracts  for  supplies  and  materials,  for  re- 
pairs and  alterations,  and  shall  prepare  such 
working  drawings,  plans  and  specifications  as  may 
be  required  for  said  purposes  and  for  the  erection 
of  buildings.  Furniture,  supplies,  books,  blanks, 
stationery  and  all  materials  required  in  his  depart- 


27 


ment  shall  be  obtained  by  contract,  proposals  for 
which  shall  be  advertised  by  the  Superintendent 
of  School  Buildings  and  Supplies  as  required  by 
The  regulations  of  the  Board  of  Education.  Con- 
Tracts  for  necessary  repairs,  alterations  and  sup- 
plies less  in  amount  than  the  sum  of  $1,000,  and 
within  the  appropriations  made  therefor  by  the 
Board  of  Education,  may  be  entered  into  by  the 
Superintendent  of  School  Buildings  and  Supplies 
without  special  authority  of  the  Board  of  Educa- 
tion. The  Superintendent  of  School  Buildings  and 
Supplies  shall  be  directly  responsible  to  the  Board 
of  Education  for  the  cleanliness,  safety,  warming, 
ventilation  and  comfort  of  the  several  school 
premises,  and  for  the  management  of  the  depart- 
ment under  his  charge,  and  shall  before  entering 
upon  the  duties  of  his  office  give  a  bond  in  the  sum 
of  $20,000  for  the  faithful  performance  of  his 
duties.  He  shall  make  a  monthly  report  to  the 
Board  of  Education  in  respect  to  the  matters  above 
specified  as  he  may  consider  necessary  and  advis- 
able, or  as  may  be  required  by  said  Board,  which 
report  shall  include  a  detailed  statement  of  moneys 
received  or  paid  out  by  him.  He  shall  devote  his 
whole  time  to  the  duties  of  his  office,  and  shall,  if 
requested  by  the  Trustees  of  the  City  College  and 
of  the  Normal  College,  discharge  similar  duties  for 
said  colleges. 

Section  16.  The  Trustees  appointed  for  the  re- 
spective districts  shall  organize  in  the  month  of 
October,  1895,  and  in  January  in  each  year  there- 
after, by  the  election  of  a  Chairman  and  Secretary. 

It  shall  be  the  duty  of  the  Trustees  in  their 
respective  districts  from  time  to  time  to  examine 
all  the  schools  in  the  district,  in  respect  to  the 
punctual  and  regular  attendance  of  the  pupils  and 
teachers;  the  number,  fidelity,  and  competency  of 


28 


the  teachers,  the  studies,  progress,  order  and  dis- 
cipline of  the  pupils,  the  cleanliness,  safety,  warm- 
ing, ventilation  and  comfort  of  the  school  premises, 
and  whether  or  not  the  provisions  of  the  school 
laws  in  respect  to  the  teaching  of  sectarian  doc- 
trines or  the  use  of  sectarian  books  have  been 
violated,  and  call  the  attention  of  the  Board  of 
Education  or  Board  of  Superintendents,  without 
delay,  to  any  matter  requiring  official  action;  they 
shall  perform  such  other  duties  as  maybe  assigned 
to  them  by  the  Board  of  Education,  and  shall  make, 
once  in  each  quarter,  a  report  to  the  Board  of 
Education.  All  the  Trustees  in  each  division  shall 
meet  at  least  four  times  in  each  year,  and  statedly 
at  times  to  be  by  them  appointed,  as  a  Division 
Board  of  Trustees,  and  it  shall  be  the  duty  of  such 
Division  Board  of  Trustees  to  recommend  to  the 
Board  of  Education  the  establishment,  discontin- 
uance or  division  of  any  schools,  as  to  it  shall  seem 
advisable. 

Section  17.  The  Clerk  of  the  Board  of  Educa- 
tion shall  have  charge  of  the  rooms,  books,  papers 
and  documents  of  the  Board,  and  shall,  in  addition 
to  his  duties  as  Secretary  of  the  Board,  perform 
such  other  clerical  duties  as  may  be  required  by  its 
members  or  Committees,  He  is  authorized  to  ad- 
minister oaths  and  take  affidavits  in  all  matters 
appertaining  to  the  schools  in  the  City  and  County 
of  New  York,  and  for  that  purpose  shall  possess 
all  the  powers  of  a  Commissioner  of  Deeds,  but 
shall  not  be  entitled  to  any  of  the  fees  or  emolu- 
ments thereof.  In  the  absence  of  the  Clerk,  the 
Board  of  Education  is  hereby  empowered  to  desig- 
nate some  person  to  act  in  his  place  and  stead,  and 
to  execute  all  the  powers  and  perforin  all  the 
duties  of  the  Clerk. 

Section  18.  It  shall  be  the  duly  of  the  princi- 


29 


pal  teacher  of  each  school  and  department  to  enter, 
in  books  to  be  provided  for  that  purpose  by  the 
Superintendent  of  Buildings  and  Supplies,  the 
names,  ages  and  residences  of  the  scholars  attend- 
ing the  school,  the  name  of  a  parent  or  guardian  of 
each  scholar,  and  the  days  on  which  the  scholars 
shall  have  respectively  attended,  and  the  aggregate 
attendance  of  each  scholar  during  the  year;  also 
the  days  on  which  each  school  shall  have  been  vis- 
ited  by  the  City  and  Division  Superintendents  of 
Schools,  the  members  of  the  Board  of  Education, 
and  the  Trustees,  or  any  of  them,  which  entries 
shall  be  verified  by  the  oath  or  affirmation  of  the 
principal  teacher  in  such  school  or  department;  to 
make  at  least  five  days  before  the  first  day  of  Janu- 
ary in  every  year,  or  on  such  other  day  as  may  be 
designated  by  the  Board  of  Education  in  the  case  of 
a  school  kept  open  after  the  25th  day  of  December, 
and  transmit  10  the  Board  of  Education  a  report  in 
writing,  dated  the  31st  day  of  December,and  which 
report  shall  state  the  length  of  time  each  school 
shall  have  been  kept  open,  the  whole  number  of 
scholars  over  four  and  under  twenty-one  years  of 
age  who  shall  have  been  taught  in  the  school  during 
the  year  ending  with  the  date  of  the  report,  which 
number  shall  be  ascertained  by  adding  to  the  num- 
ber of  children  on  register  at  the  commencement 
of  each  year  the  number  admitted  during  that  year, 
which  shall  be  considered  the  total  for  that  year; 
the  average  number  that  has  actually  attended  such 
school  during  the  year,  to  be  ascertained  by  the 
teachers  keeping  an  exact  account  of  the  number  of 
scholars  present  every  school  time  or  half  day, 
which  being  added  together  and  divided  by  the 
number  of  school  sessions,  shall  be  considered  the 
average  of  attending  scholars,  which  average  shall 
be  sworn  or  affirmed  to  by  the  principal  teacher  of 
the  school, and  a  particular  account  of  the  state  of 


30 


the  school,  and  of  the  property  and  affairs  of 
school;  and  the  title  of  all  books  nsed,  with  such 
other  information  as  the  Board  of  Education  shall 
require;  and  for  the  purposes  of  this  section,  each 
department  shall,  whenever  practicable,  be  consid- 
ered as  a  separate  school. 

In  each  school  a  principal  designated  by  the 
Board  of  Education  shall  have  charge  of  the  school 
building  and  property.  Under  such  rules  and  reg- 
ulations as  shall  be  established  by  the  Board  of 
Education,  the  said  principal  may  make  such 
requisition  for  repairs  and  supplies  on  the  Super- 
intendent of  School  Buildings  and  Supplies  as  may 
be  necessary  for  the  school  building  in  his  charge 
or  for  any  of  the  departments  therein. 

Section  19.  The  following  shall  be  substantially 
the  form  of  oath  or  affirmation  to  be  made  by  the 
teacher: 

ktA  B,  of  the  City  of  New  York,  teacher  of 

No.  Department,  being  duly  sworn 

or  affirmed,  declares  and  says  that  to  the  best  of 
(his  or  her)  knowledge  and  belief  the  average  num- 
ber of  children,  actual  residents  of  the  City  and 
County  of  New  York,  at  the  time  of  attending  said 
school,  between  the  ages  of  four  and  twenty-one 
years,  who  attended  said  school  or  department,  each 
school  time  or  half  day  from  the 

day  of  to  the  first  day  of  January, 

was  .    Said  average  having  been 

obtained  by  adding  together  the  number  of  scholars 
present  each  school-time  or  half  day  and  dividing 
the  total  by  the  actual  number  of  sessions." 

Section  20.  All  the  trusts  and  estates  held  by  or 
vested  in  the  Public  School  Society  of  the  City  of 
New  Yoi  k,  ;is  organized  and  existing  previous  to 
its  several  acts  in  compliance  with  the  provisions 
of  acl  entitled  "An  act  relative  to  Common  Schools 


31 


in  the  City  of  New  York,"  passed  the  fourth  day 
of  June,  one  thousand  eight  hundred  and  fifty- 
three,  which  have  not  been  conveyed  by  the  said 
Society,  and  all  the  rights, powers  and  duties  of  the 
said  Society  which  yet  remain  thereon,  shall  con- 
tinue and  be  vested  in  the  Board  of  Education  of 
the  City  of  New  York,  which  Board  is  and  shall 
be  held  to  be  the  lawful  successors  of  the  said  So- 
ciety in  the  execution  of  every  trust. 

Section  21.  No  compensation  shall  be  allowed  to 
the  Commissioners  or  Trustees  of  Common  Schools 
for  any  services  performed  by  them,  but  the  Com- 
missioners shall  receive  their  actual  and  reasonable 
expenses  while  attending  to  the  duties  of  their 
office,  to  be  audited  and  allowed  by  the  Board  of 
Education. 

Section  22.  No  school  officer  shall  be  interested 
in  any  contract,  payments  under  which  are  to  be 
made,  in  whole  or  in  part,  out  of  any  money  de- 
rived from  the  school  fund  or  raised  by  taxation 
for  the  support  of  Common  Schools. 

Section  23.  Every  school  officer  who  shall  refuse 
or  neglect  to  render  an  account,  or  to  pay  over  any 
balance  in  his  hands,  at  the  expiration  of  his  term 
of  office,  shall,  for  such  offense,  forfeit  the  sum  of 
fifty  dollars,  which  sum,  togetner  with  said  un- 
paid balance,  shall  be  sued  for  and  collected  by 
the  Board  of  Education,  who  shall  prosecute  with- 
out delay  for  the  recovery  of  such  forfeiture,  to- 
gether with  the  unpaid  balance;  and  in  case  of 
death  of  such  school  officer,  suit  may  be  brought 
against  his  representatives,  and  all  moneys  recov- 
ered, after  deducting  expenses,  shall  be  placed  at 
the  disposal  of  the  Board  of  Education. 

Section  24.  Every  person  in  the  employ  of  the 
Board  of  Education,  and  every  school  officer  and 


32 


every  officer  or  teacher  of  a  school  or  society  who 
shall  willfully  sign  a  false  report  to  the  Board  of 
Education  shall  for  each  offense  forfeit  the  sum  of 
twenty-live  dollars  and  shall  be  deemed  guilty  of 
misdemeanor  ;  and  every  person  or  officer  who 
shall  willfully  misapply  any  of  rhe  public  funds 
committed  to  his  care  shall  be  deemed  guilty  of 
embezzlement. 

Section  25.  In  anyr  suit  which  shall  hereafter  be 
commenced  against  the  Commissioners  or  Trustees 
of  Common  Schools  for  any  act  performed  by  vir- 
tue of  or  under  color  of  their  offices,  or  for  any 
refusal  or  omission  to  perform  any  duty  enjoined 
by  law  and  which  might  have  been  the  subject  of 
an  appeal  to  the  Superintendent,  no  costs  shall  be 
allowed  to  the  plaintiff  in  cases  where  the  Court 
shall  certify  that  it  appeared  on  the  trial  of  the 
cause  that  the  defendant  acted  in  good  faith.  But 
this  provision  shall  not  extend  to  suits  for  penal- 
ties nor  to  suits  or  rjroceedings  to  enforce  the  de- 
cisions of  the  State  Superintendent  of  Public  In- 
struction. 

Section  26.  Every  person  appointed  to  a  school 
office  in  said  city  shall,  before  entering  on  the  du- 
ties of  his  office,  and  within  fifteen  days  from  the 
time  of  being  notified  of  his  appointment  to  till  a 
vacancy,  take  and  subscribe  before  the  clerk  of  the 
Board  of  Education  the  oath  of  office  prescribed 
by  the  Constitution  of  this  State,  and  the  school 
office,  to  which  any  person  who  shall  omit  to  take 
the  said  oath  within  the  time  and  in  the  manner 
above  prescribed,  may  have  been  appointed,  shall 
be  vacant  at  and  from  the  expiration  of  the  said 
fifteen  days. 

SECTION  27.  All  children  between  the  ages  of 
live  and  twenty-one  years,  residing  in  the  City  and 


33 


County,  shall  be  entitled  to  attend  any  of  the  Com- 
mon Schools  therein  ;  and  the  parents,  guardians 
or  other  persons  having  the  custody  or  care  of  such 
children  shall  not  be  liable  to  any  tax,  assessment 
or  imposition  for  the  tuition  of  any  children  other 
than  is  hereinbefore  provided. 

Section  28.  The  schools  in  the  several  divisions 
shall  be  classihed  as  Grammar,  Primary  and  Even- 
ing Schools,  or  as  the  Board  of  Education  may 
direct. 

Section  29.  Whenever  the  Clerk  of  the  City  and 
County  shall  receive  notice  from  the  State  Super- 
intendent of  Public  Instruction  of  the  amount  of 
money  apportioned  to  the  County  of  New  York  for 
the  support  and  encouragement  of  Common  Schools 
therein,  he  shall  immediately  lay  the  same  before 
the  Board  of  Aldermen  of  said  County  ;  and  the 
Chamberlain  of  the  said  City  shall  apply  for  and 
receive  the  school  moneys  apportioned  to  the  said 
County  as  soon  as  the  same  becomes  payable,  and 
place  the  same  in  the  City  Treasury. 

Section  30.  1  All  principals  and  teachers  un- 
der the  public  school  system  of  the  City  of  New 
York  as  existing  at  the  time  of  the  passage  of  this 
act,  shall  continue  to  hold  their  respective  posi- 
tions, and  be  entitled  to  compensation  as  now  pro- 
vided or  as  may  be  hereafter  provided  by  said 
Board  of  Education,  subject  only  to  removal  for 
cause  as  provided  by  law,  excepting  that  teachers 
in  the  Evening  Schools  may  be  discharged,  without 
pay,  whenever  their  services  are  no  longer  required. 

2.  The  present  City  Superintendent  of  Schools, 
and  Assistant  Superintendents  in  office  at  the  time 
of  the  passage  of  this  act  shall  continue  in  office, 
whether  their  respective  terms  have  expired  or  not, 
with  the  compensation  as  now  provided,  until  the 


34 


appointment  of  the  City  Superintendent  of  Schools 
and  Division  Superintendents,  as  provided  for  in 
this  act,  and  subject  to  removal  as  provided  by 
law;  and  upon  such  appointment  the  terms  of  office 
of  said  present  City  Superintendent  of  Schools  and 
of  all  Assistant  Superintendents  shall  expire. 

3.  All  other  school  officers  and  employees  under 
the  Public  School  system  of  the  City  of  New  York 
as  existing  at  the  time  of  the  passage  of  this  act, 
shall,  except  as  specially  provided  herein  as  to 
Trustees  and  Inspectors,  retain  their  respective 
positions,  and  be  entitled  to  compensation  as  now 
provided,  subject  to  the  terms  of  this  act  and  the 
powers  of  the  Board  of  Education  as  herein  pro- 
vided and  also  subject  to  removal  as  provided  by 
law. 

Section  31.  Section  1  of  section  1  of  chapter  35 
of  the  laws  of  1890  is  hereby  amended  so  as  to  read 
as  follows:  Whenever  the  Board  of  Education,  in 
conformity  with  the  provisions  of  this  act,  shall 
have  approved  of  the  purchase  of  any  site  for  school 
purposes,  proceedings  shall  be  taken  for  the  ac- 
quisition of  said  site  as  follows:  When  any  such 
lands  have  been  selected,  and  the  said  Board  of 
Education  has  determined  to  take  proceedings  for 
the  acquisition  of  the  same,  said  Board  shall  cause 
a  survey,  map  or  plan  thereof  to  be  prepared  and 
filed  in  the  office  of  the  Register  of  the  City  and 
County  of  New  York;  and  it  shall  be  lawful  for 
the  duly  authorized  agents  of  the  said  Board,  and 
all  persons  acting  under  its  authority,  and  by  its 
direction,  to  enter,  in  the  day  time,  into  and  upon 
any  and  all  lands,  tenements  and  hereditaments 
which  it  shall  be  necessary  to  enter  into  and  upon 
for  the  purpose  of  making  such  surveys,  maps  or 
plans.    Provided  that  do  such  lands  shall' be  lo- 


35 


cated  in  any  park  or  public  place,  or  where  now 
occupied  by  reservoirs. 

Section  32.  All  proceedings  pending  at  the  time 
of  the  passage  of  this  act  for  the  purpose  of  acquir- 
ing title  to  lands,  and  which  have  been  instituted 
on  the  application  of  the  Board  of  Education, 
shall  not  be  affected  by  the  passage  of  this  act,  but 
shall  proceed  to  final  determination  in  conformity 
with  the  provision  of  law  existing  at  the  time  of 
the  passage  thereof. 

Section  33.    The  Board  of  Education  of  the 
City  of  New  York  is  hereby  given  the  general  care 
and  management  of  the  Public  School  Teachers' 
Retirement  Fund  created  by  this  Act.    The  Comp- 
troller of  the  City  of  New  York  shall  hold  all 
money  belonging  to  said  fund,  and  by  the  direction 
of  said  Board  of  Education  shall  invest  and  pay 
out   the   same.    The   Board  of  Education  shall 
have  charge  of  and  administer  said  Public  School 
Teachers'  Retirement  Fund  as  it  shall  deem  most 
beneficial  to  said  fund,  and  is  empowered  to  make 
all  necessary  contracts  and  take  all  necessary  and 
proper  action  and  proceedings  in  the  premises,  and 
to  make  payments  from  said  fund  of  annuities 
granted  in  pursuance  of  this  act;  and  shall,  from 
time  to  time,  establish  such  rules  and  regulations 
for  the  administration  of  said  fund  as  it  may  deem 
best.    And  the  Comptroller  of  the  City  of  New- 
York  shall  report  in  detail  to  the  Board  of  Alder- 
men of  the  City  of  NewT  York,  annually,  in  the 
month  of  January,  the  condition  of  said  fund,  and 
the  items  of  the  receipts  and  disbursements  on 
account  of  the  same.    The  Public  School  Teachers' 
Retirement  Fund  herein  provided  for  shall  consist 
of  the  following,  with  the  interest  and  income  there- 
of: (1.)  All  money,  pay,  compensation  or  salary,  or 
any  part  thereof,  forfeited,  deducted  or  withheld 


36 


from  any  teacher  or  teachers  for  and  on  account  of 
absence  from  duty  for  any  cause.    The  Clerk  of 
the  Board  of  Education  shall  certify  monthly  to 
the  Comptroller  the  amounts  so  deducted  from  the 
salaries  of  teachers  during  the  preceding  month. 
(2)  All  moneys  received  from  donations,  legacies, 
gifts,  bequests  or  otherwise,  for  and  on  account  of 
said  fund.    (3.)  All  such  other  methods  of  incre- 
ment as  may  be  duly  and  legally  devised  for  the 
increase  of  said  fund.    On  and  after  the  passage 
of  this  Act  the  Boai^d   of  Education   shall,  by 
amending  its  by  laws  relating  to  the  excuse  of 
absence  of  teachers  with  pay,  so  provide  that  the 
aggregate  of  the  several  sums  deducted  or  forfeited 
on  account  of  absence  from  duty,  shall  be  fully 
adequate  to  meet  the  demands  made  upon  the 
Public  School  Teachers'  Retirement  Fund  for  the 
payment  of  annuities  as  herein  provided.  Said 
Board  of  Education  shall  have  power,  by  a  two- 
third's  vote  of  all  its  members,  and  after  a  recom- 
mendation to  that  effect  shall  have  been  made  by 
the  City  Superintendent  of  Schools,  stating  that 
the  teacher  is  mentally  or  physically  incapacitated 
for  the  performance  of  duty,  to  retire  any  female 
teacher  of  the  grammar  and   primary  schools, 
including  special  teachers  in  the  same,  who  shall 
have  taught  therein  during  a  period  aggregating 
thirty  years,  and  to  retire  any  male  teacher  of  said 
schools  who  shall  have  taught  therein  during  a 
period  aggregating  thirty-live  years.    Any  teacher 
so  retired  shall  thereafter  be  entitled  to  receive  as 
an  annuity  one-half  the  annual  salary  paid  to  said 
teacher  at  the  date  of  said  retirement,  not  to  ex- 
ceed, however,  in  any  case,  the  sum  of  one  thou- 
sand dollars  per  annum.    The  Board  of  Education 
is  hereby  given  the  power  to  use  both  the  principal 
and  the  income  on  said  fund,  and  to  manage,  accu- 


n j  u late  and  otherwise  control  the  same  as  said  Board 
shall  provide  by  its  by-laws,  and  to  pay  the 
annuities  hereinbefore  mentioned,  and  shall  have 
power,  from  time  to  time,  to  reduce  the  amount  of 
annuities  of  all  beneficiaries  of  said  fund,  provided 
only  that  such  reduction  shall  be  made  at  the  same 
rate  per  centum. 

Section  34.  The  Board  of  Education  created  by 
the  terms  and  provisions  of  this  act  shall  be  subject 
to  all  the  duties,  and  possess  all  the  rights  and 
powers,  now  held  by  the  Board  of  Education  exist- 
ing at  the  time  of  the  passage  hereof  under  the 
following-named  acts: 

Chapter  458  of  the  Laws  of  1884  as  amended  and 
extended  by  chapter  493  of  the  Laws  of  1885,  chap- 
ter 456  of  the  Laws  of  1880,  chapter  136  of  the  Laws 
of  1888,  chapter  252  of  the  Laws  of  1889,  chapter 
204  of  the  Laws  of  1891,  chapter  282  of  the  Laws 
of  1893,  and  chapter  459  of  the  Laws  of  1894. 

Chapter  545  of  the  Laws  of  1888  as  amended  by 
chapter  383  of  the  Laws  of  1889,  chapter  305  of  the 
Laws  of  1890  and  chapter  71  of  the  Laws  of  1891. 

Titles  2  and  3  of  chapter  XVII,  being  part  of 
chapter  410  of  the  Laws  of  1882. 

Chapter  598  of  the  Laws  of  1880. 

Chapter  318  of  the  Laws  of  1887. 

Chapter  432  of  the  Laws  of  1893. 

Section  35.  The  title  to  all  school  property,  real 
and  personal,  purchased  with  any  money  derived 
from  the  distribution  or  apportionment  of  the 
school  moneys,  or  raised  by  taxation  in  the  City  of 
New  York,  shall  be  vested  in  the  Mayor,  Aldermen 
and  Commonalty  of  said  city,  but  shall  be  under 
the  care  and  control  of  the  Board  of  Education,  for 
the  purpose  of  public  education,  and  all  suits  in 
relation  to  the  same  shall  be  brought  in  the  name 
of  said  Board. 


38 


Section  36.  The  Board  of  Education  created  by 
the  terms  and  provisions  of  this  act,  and  the  mem- 
bers thereof,  shall  hold  the  same  relation  to  the 
College  of  the  City  of  New  York  and  the  Normal 
College  of  the  City  of  New  York  as  is  held  by  the 
present  Board  of  Education  or  its  members  at  the 
time  of  the  passage  hereof,  and  shall  be  subject  to 
the  same  duties  and  possess  the  same  rights  and 
powers. 

Section  37.  The  following- named  acts  and 
amendments  thereof  are  hereby  repealed:  Title  1  of 
chapter  XVII,  being  part  of  chapter  410  of  the 
Laws  of  1882,  entitled  ''An  act  to  consolidate  into 
one  act  and  to  declare  the  special  and  local  laws 
affecting  public  interests  in  the  City  of  New  York;" 
chapter  341  of  the  Laws  of  1887,  chapter  183  of  the 
Laws  of  1888,  chapter  34  of  the  Laws  of  1889,  chap- 
ter 185  of  the  Laws  of  1894,  chapter  296  of  the  Laws 
of  1894,  and  all  other  acts  and  amendments  thereof 
which  are  not  consistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

Sections  1068,  1070,  1071  and  1072  of  Title  3  of 
said  chapter  XVII  of  chapter  410  of  the  Laws  of 
1882  are  hereby  repealed,  to  take  effect  on  the  first 
day  of  January,  1896. 

Section  38.  Except  as  hereinbefore  provided, 
this  act  shall  take  effect  immediately. 


